Safeguard Measures Rules, 2003

GOVERNMENT OF PAKISTAN
MINISTRY OF COMMERCE
……..
Islamabad, the 27th January 2003
NOTIFICATION

S.R.O. 75(I)/2003. – In exercise of the powers conferred by section 38 of the Safeguard
Measures Ordinance, 2002 (XXXI of 2002), the Federal Government is pleased to make
the following rules, namely:-
1. Short title and commencement. – (1) These rules may be called the Safeguard
Measures Rules, 2003.
(2) They shall come into force at once.
2. Definitions . – (1) In these rules, unless there is anything repugnant in
the subject or context,-
(a) “Ordinance” means the Safeguard Measures Ordinance, 2002 (XXXI of
2002); and
(b) “Requesting enterprises” means the enterprises or entities represented in an
application submitted under section 7 of the Ordinance read with rule 3.
(2) The words and expressions used in these rules but not defined shall have the
meaning assigned to them in the Ordinance.
3. Submission of and disclosure in an application under section 7 of the Ordinance.–
(1) An application under clause (a) of sub-section (1) of section 7 of the Ordinance shall
be submitted in duplicate, addressed to the Secretary of the Commission, along with fee
as may be fixed by the Commission from time to time.
(2) The application shall include such information as is reasonably available to the
applicant on the following, namely:-
(a) A complete description of the imported product including its
technical characteristics and uses, its current tariff classification
number as contained in the First Schedule to the Customs Act,
1969 (IV of 1969), and the duties applicable thereto;
(b) a complete description of the domestic like or directly competitive
products including their technical characteristics and uses;
(c) the names, addresses, telephone numbers, facsimile number and
electronic mail address of the requesting enterprises and of all
other known producers of the domestic like or directly competitive
products;
(d) the percentage of domestic production of the like or directly
competitive products represented by the requesting enterprises;
(e) information on the volume and value of the imported product for
each of the three fiscal years preceding the request, and any more
recent partial-year data, by country of origin;
(f) a description of the increase in imports alleged to exist, in
particular, whether such increase is absolute, relative to domestic
production, or both;
(g) information relevant to the existence of serious injury or threat of
serious injury to domestic industry, for each of the three fiscal
years preceding the request, and any more recent partial-year
data, including but not limited to,-
(i) with respect to serious injury-
(a) volume and value of domestic production;
(b) utilization of production capacity;
(c) changes in inventory levels;
(d) market share;
(e) changes in sales levels;
(f) level of employment and wages in domestic
industry;
(g) changes in price levels;
(h) productivity e.g., output per worker;
(i) profit and loss;
(j) return on investment;
(k) cash flow; and
(l) any other indicators considered relevant; and
(ii) with respect to threat of serious injury, if alleged,
also the information regarding the probability that
imports will increase, including, for example, trade
restrictions on exports to third country markets;
(h) an explanation, in the light of data provided in the request and the
requirements of the Ordinance, of the reasons why it is believed
that serious injury or threat of serious injury exists and is caused by
increased quantities of imports; and
(i) a plan for adjusting domestic industry to competition from imports.
4. Withdrawal of application.- An applicant seeking to withdraw an
application, shall request the Commission in writing, prior to the initiation of
investigation. The request for withdrawal of application shall be made to the
Commission within twenty-five days of the date of submission of an application.
5. Initiation of investigation.- The Commission shall normally decide whether or not to
initiate an investigation within a period of thirty days of the date of receipt of an
application in compliance with the provisions of rule 3:
Provided that when an application involves complex issues, or if the
Commission has sought additional information from the applicant, the time period
may, if the Commission so deems fit, be extended for a further period not
exceeding fifteen days.
6. Fee for providing the text of an application.- Subject to the
provisions of section 11 of the Ordinance, any interested party shall be provided
with the full text of an application submitted under rule 3 upon payment to the
Commission of a fee as may be fixed by the Commission from time to time.
7. Disclosure in the public notice of initiation of investigation. – (1)
The public notice of initiation of an investigation referred to in clause (b) of subsection
(1) of section 10 of the Ordinance shall include adequate information on
the following, namely:-
(a) A complete description of the investigated product including its
technical characteristics and uses, its current tariff classification
number as contained in the First Schedule to the Customs Act,
1969 (IV of 1969), and the duties applicable thereto;
(b) a complete description of the domestic like or directly competitive
products including their technical characteristics and uses;
(c) the names of the requesting enterprises and of all other known
producers of the domestic like or directly competitive products;
(d) the country or countries of origin of the investigated product;
(e) a summary of the information on which the allegations of increased
imports and serious injury or threat of serious injury caused by
increased imports are based;
(f) the name, address and telephone number of contact of the person at the
Commission;
(g) a statement that the date of initiation of investigation is the date of
publication of the notice of initiation of investigation;
(h) whether or not imposition of a provisional safeguard duty will be
considered by the Commission;
(i) the date by which any interested party which desires hearing must
request the Commission in writing; and
(j) the proposed schedule for the investigation including-
(i) the date by which interested
parties desiring to participate in the investigation must so
inform the Commission in writing;
(ii) where application of a
provisional safeguard duty will be considered, the
schedule for and deadlines pertaining to the preliminary
phase of the investigation, for example, the deadline for
any written arguments or other submissions; and
(iii) the proposed schedule for
the determination regarding application of a provisional
safeguard duty, where applicable, and for the final
determination regarding serious injury or threat of serious
injury and for any decision regarding the application of a
definitive safeguard measure.
8. Written arguments.- All participating interested parties shall have the
opportunity, in accordance with the provisions of this rule, to present evidence
and arguments in writing, including responses to the written and oral
presentations of other participating interested parties.
(2) In an investigation in which application of a provisional safeguard duty will be
considered, any participating interested party may submit written arguments concerning
any matter it considers relevant to the preliminary phase of the investigation no later than
twenty-one days before the date proposed for the determination regarding the application
of a provisional safeguard duty.
(3) In an investigation in which no hearing is requested, any participating
interested party may submit written arguments concerning any matter it considers
relevant to the investigation no later than sixty days before the date proposed for
the determination regarding serious injury or threat of serious injury.
Participating interested parties shall have a further ten days after the said sixty
days period for initial written submissions to submit any written responses to the
written submissions of other participating interested parties.
(4) In an investigation in which a hearing is held, no later than ten days
before the scheduled date of the hearing, any participating interested party may
submit written arguments and information concerning any matter it considers
relevant to the investigation. Following the hearing, interested parties who
participated in the hearing may, within ten days, submit further written arguments
in response to arguments and information presented at the hearing.
(5) The Commission shall allow industrial users of an investigated product in Pakistan,
and representative consumer organizations in cases where the investigated product is
commonly sold at the retail level in Pakistan, to provide information concerning matters
relevant to the investigation regarding increased quantities of imports and injury. Such
information shall be provided to the Commission in writing.
9. Hearings. – (1) The Commission shall, upon request of a participating
interested party made no later than fifteen days after the initiation of an
investigation, or if the application of a provisional safeguard duty shall not be
considered, no later than thirty days after initiation of the investigation, schedule a
hearing at which all participating interested parties may present information and
arguments. Where the presentation is oral, it shall be confirmed in writing by a
specified date.
(2) There shall be no obligation on any participating interested party to
appear at a hearing and failure to do so shall not be prejudicial to that
participating interested party’s case. The Commission shall, to the extent
possible, organize hearings so as to take into account the convenience of the
participating interested parties.
(3) Participating interested parties intending to appear at a hearing shall
notify the Commission at least seven days before the date of the hearing of the
names of their representatives and witnesses, if any, who shall appear at the
hearing.
(4) Hearings shall be organized by the Commission in a manner that
ensures that all participating interested parties have an adequate opportunity to
present their views.
(5) The Secretary of the Commission shall maintain a record of the
hearing which shall, subject to the requirement to protect confidential information
under section 14 of the Ordinance, be promptly placed in the public file to be
maintained pursuant to section 15 of the Ordinance.
10. Access to public file. – (1) Subject to the requirement to protect
confidential information under section 14 of the Ordinance, the Commission shall
place the following information and documents in the public file to be maintained
pursuant to sub-section (1) of section 15 of the Ordinance, namely:-
(a) All public notices relating to the investigation or review;
(b) all materials including questionnaires, responses to questionnaires
and written communications submitted to the Commission;
(c) all other information developed or obtained by the Commission;
and
(d) any other documents the Commission deems appropriate for
disclosure to a participating interested party.
(2) Subject to the provisions of sub-section (2) of section 15 of the Ordinance, copies of
documents placed in the public file may be obtained upon payment to the Commission of a fee as
may be fixed by the Commission from time to time.
11. Disclosure in public notice of non-application of provisional
safeguard duty. – The public notice of non-application of a provisional safeguard
measure referred to in sub-section (1) of section 20 of the Ordinance shall include
the following information, namely:-
(a) A complete description of an investigated product including its
technical characteristics and uses, its current tariff classification
number as contained in the First Schedule to the Customs Act,
1969 (IV of 1969), and the duties applicable thereto;
(b) an identification of the domestic like or directly competitive
products;
(c) an explanation of the reasons for the decision not to apply a
provisional safeguard measure; and
(d) a statement indicating whether an investigation shall be
terminated at that point or continued through the final phase.
12. Disclosure in public notice of application of provisional safeguard
duty.– (1) The public notice of application of a provisional safeguard duty
referred to in sub-section (2) of section 21 of the Ordinance shall include the
following information, namely:-
(a) A complete description of an investigated product including its
technical characteristics and uses, its current tariff classification
number as contained in the First Schedule to the Customs Act,
1969 (IV of 1969), and the duties applicable thereto;
(b) a complete description of the domestic like or directly competitive
products including their technical characteristics and uses;
(c) the names of all known producers of the domestic like or directly
competitive products;
(d) the country or countries of origin of an investigated product;
(e) where applicable, the basis for the determination of critical
circumstances where delay would cause damage that would be
difficult to repair and the basis for the determination of the
existence of clear evidence that increased imports of an
investigated product have caused or are threatening to cause
serious injury;
(f) the amount of the provisional safeguard duty to be applied to an
investigated product; and
(g) the intended duration of the provisional safeguard duty.
13. Disclosure in the notice of negative final determination.– The
notice of negative final determination referred to in sub-section (6) of section 24
of the Ordinance shall include information on the following, namely:-
(a) A complete description of an investigated product including its
technical characteristics and uses, its current tariff classification
number as contained in the First Schedule to the Customs Act,
1969 (IV of 1969) and the duties applicable thereto;
(b) a complete description of the domestic like or directly competitive
products including their technical characteristics and uses;
(c) the names of all known producers of the domestic like or directly
competitive products;
(d) the country or countries of origin of an investigated product; and
(e) a summary of the information obtained in an investigation, the
factors considered and the relevance thereof, and the findings
and conclusions reached on the issues of fact and law considered,
and the reasons therefor.
14. Disclosure in the notice of application of a definitive safeguard
measure. – (1)The notice of application of a definitive safeguard measure
referred to in sub-section (1) of section 26 of the Ordinance shall include
information on the following, namely:-
(a) A complete description of an investigated product including its
technical characteristics and uses, its current tariff classification
number as contained in the First Schedule to the Customs Act,
1969 (IV of 1969), and the duties applicable thereto;
(b) a complete description of the domestic like or directly competitive
products including their technical characteristics and uses;
(c) the names of all known producers of the domestic like or directly
competitive products;
(d) the country or countries of origin of an investigated product;
(e) a summary of the affirmative injury determination including the
factors considered and the relevance thereof, as well as of the
findings and conclusions, and the reasons therefor, on the issues
of fact and law considered;
(f) details concerning the domestic industry’s adjustment plan;
(g) the form, level, amount and duration of the definitive safeguard
measure to be applied and an explanation thereof in the light of
the domestic industry’s adjustment plan;
(h) the date of commencement of the definitive safeguard measure;
(i) if the definitive safeguard measure is to take the form of a quota
on imports of an investigated product, the allocation of the quota
among the supplier countries, and an explanation and the
relevant information in the light of the provisions of section 30 of
the Ordinance regarding the basis on which such allocation has
been made;
(j) if the proposed duration of the measure including the period of
application of any provisional safeguard measure applied in
respect of an investigated product is more than one year, a
timetable for the progressive liberalization of the measure; and
(k) where applicable, an identification of the developing countries
exempted from the application of the definitive safeguard
measure, under section 29 of the Ordinance.
15. Official file to be maintained by the Commission.– (1) The
Commission shall establish and maintain an official file relating to each
investigation or review pursuant to the Ordinance and shall place in such file the
following, namely:-
(a) All materials, papers and documents, confidential or otherwise,
including questionnaires, responses to questionnaires, and written
communication submitted to or by the Commission in connection with
any investigation or review;
(b) all documents relating to or setting out any calculations made by the
Commission in connection with any investigation or review;
(c) all internal correspondence or memoranda of the Commission relating to
or in connection with any investigation or review that are relevant to the
determination of serious injury or threat of serious injury and causation
from increased imports including any correspondence with or between
any other Ministry, Division, department, agency or instrumentality of the
Federal Government or any Provincial Government;
(d) any other information developed, obtained or relied on by the
Commission in connection with any investigation or review; and
(e) any other document or information that the Commission deems
appropriate for placing in such official file.